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Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4142, R-582, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.
I am returning H. 4142, R-582 without my signature. While all the parties interested in the legislation agree that measures need to be taken to curb excessive wakes and noise on the lake, the legislation, as drafted, does not provide with any specificity exactly what would constitute "disturbing, excessive and useless noises" making enforcement extremely difficult. The Department of Natural Resources agrees that this legislation would be extremely difficult to enforce and has requested a veto. It is my understanding that the department, the Bill's sponsors, and other parties are willing to meet to clarify the ambiguity and reintroduce this legislation next year. For these reasons, I believe vetoing this legislation is in the best interest of all those who live on and use Lake Murray.

It is for these reasons that I return H. 4142, R-582 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. ROGERS moved to adjourn debate upon the veto until Tuesday, January 17, which was adopted.

Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4631, R-597, an Act:
TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE RECIPROCITY, TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD TO PROVIDE FOR THE EXPIRATION OF CURRENT BOARD TERMS, INTERIM GOVERNANCE OF THE BOARD; AND STAGGERED TERMS FOR NEW APPOINTEES;

Additionally, there is no need for the reauthorization of the Dentistry Board as contemplated by this legislation. On June 29, 1994, I signed into law a provision in H. 4820, the General Appropriations Act, (Part II, Section 117) which eliminated the automatic sunsetting of boards and commissions on a set schedule. An opinion of the Attorney General issued June 29, 1994 indicates that the adoption of Section 117 preempts the June 30, 1994 sunset deadline for the Dentistry Board since it was effective upon my signature on June 29, 1994. The State Reorganization Commission now has the authority to conduct agency reviews and determine which agencies shall be terminated. The Board's June 30th deadline no longer has any legal effect; therefore, the Board has been extended indefinitely until such time as the State Reorganization Commission might determine.

For these reasons, I believe vetoing this legislation is in the best interest of the citizens of our State. Therefore, I return H. 4631, R-597 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. KIRSH moved to adjourn debate upon the veto until Tuesday, January 17, which was adopted.

Dear Mr. Speaker and Members of the House:

I am hereby returning H. 3385, R-568 without my approval.

Through the National Voter Registration Act of 1993 (NVRA), 42 U.S.C. Section 1973gg, Congress has required all states to enact provisions that provide for voter registration opportunities by mail, through the driver licensing and renewal process, and through other state agencies that provide public assistance. The federal Act requires that these changes be implemented in South Carolina by January 1, 1995.

Yet, while the State Election Commission estimates that it will cost approximately $850,000 annually to implement this legislation in South Carolina, there is no reimbursement mechanism in the NVRA and Congress has appropriated no funding to assist the State in meeting these costs. The NVRA is yet another example of the unfunded federal mandates that have become increasingly common - and increasingly burdensome on the states - in recent years. For too long the federal government has freely passed the mandates and policy intrusions of an over-active government to the states without being forced to figure how to pay for its enthusiasm to govern. At some point, someone must say "enough." I choose to draw the line here, and therefore have vetoed this legislation.

I exercise my veto prerogative in this instance because I believe the manner in which the federal government has imposed this mandate on the states is unconstitutional. The United States Supreme Court has stated that Congress may not commandeer the legislative process of the states by "directly compelling them to enact and enforce a federal regulatory program." Hodel v. Virginia Surface Mining & Reclamation Ass'n., 452 U.S. 264, 299 (1981). By compelling South Carolina and other states to enact legislation within the narrow latitude afforded by the National Voter Registration Act, I believe that Congress has commandeered the state legislative process in violation of the Tenth Amendment to the United

In addition to my concerns over implementing a federally mandated program in South Carolina without any federal funds to support our efforts, I fear that H. 3385, R-568 may be rife with increased opportunities for election fraud in South Carolina. This legislation would create more than 500 additional voter registration sites in South Carolina. It would be difficult if not impossible to police or even to monitor registration activities at all of these additional locations. I would be more comfortable with this legislation if meaningful safeguards against voter fraud were incorporated into the multiple site registration provisions.

I firmly believe that access to the ballot box is a fundamental right of every American. I applaud the Palmetto Project's "Voter Van" and other efforts to increase voter registration among our citizenry. The ends, however, no matter how important, in this instance fail to justify the means. The manner in which Congress has directed its NVRA mandates to the states is unsound and violates the sovereignty reserved them under the Tenth Amendment to the United States Constitution. Moreover, the unfunded federal mandates of the National Voter Registration Act are inconsistent with responsive and accountable government at the federal level. Those who presume to make policy should also fund policy. Unfunded federal mandates such as the NVRA are an abdication of federal responsibilities inherent in our federal system. Sixty years ago, Supreme Court Justice Louis Brandeis saw the states as "laboratories of democracy," tools, through experimentation and innovation, for advancing the quality of our democracy and furthering our progress as a people. The rampant unfunded mandates of an unbridled federal government threaten the role of the states in our federal system. Balance must be restored. My objections on this point are heartfelt, and I will not, absent federal funding, be a party to the implementation of this federal mandate in South Carolina.

As I have stated, I wholeheartedly support efforts to increase voter registration among our citizenry. In order to make the voter registration process as simple as possible, and more accessible to the public, I have issued today an Executive Order which directs the State Election

For these reasons I return H. 3385, R-568 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CHAMBLEE moved to adjourn debate upon the veto until Tuesday, January 17, which was adopted.

Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 5146, R-628, an Act:
TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY

First, the Act does not resolve the constitutional questions regarding malapportionment of representation within the Charleston County Legislative Delegation. Article I, Section 3 of the South Carolina Constitution and the Fourteenth Amendment of the United States Constitution both imply that members of a delegation should represent an equal number of people from the represented area. However, the members of the Charleston County School Board are elected by legislators who do not reside inside the County, and who represent grossly unequal numbers of constituents. Therefore, the Board's representation may violate the well settled "one man-one vote" rule of both the South Carolina Constitution and the United States Constitution.

Second, the Act does not address the issue of whether or not the judicial branch may enjoin an appointment by the executive branch, as was done by Circuit Court order in the case of Fowler v. Campbell. The separation of powers doctrine in Article 1, Section 8 of the South Carolina Constitution appears to preclude this action. However, no clear authority exists to resolve this question. The Bill's enactment will render the lawsuit which sparked this Act moot. As a result, no chance will exist for the judiciary to resolve the separation of powers question. Since the litigation could aid in resolving these questions, I have been advised by counsel not to sign this legislation at this time.

Finally, I understand that the recommendation of Richard L. Mock remains a point of contention among the members of the Charleston County Legislative Delegation. The amendment to change the manner in which vacancies are filled was attached to the legislation during the waning moments of the legislative session with little time for substantive debate. It is merely a good faith effort to temporarily resolve an issue that more realistically requires more meticulous and open review. I believe that this issue will be best resolved through thoughtful debate amongst the members of the Charleston County Legislative Delegation. A veto of this

Therefore, for the foregoing reasons, I am vetoing H. 5146, R-628.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. KINON moved to adjourn debate upon the veto until Tuesday, January 17, which was adopted.

Dear Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4414, R-588, the "Schoolhouse Safety Alliance Act of 1994."

This legislation forms several plans, teams, groups, committees and workshops to study the juvenile crime problem in South Carolina. Layer upon layer of new bureaucracies are created, each studying what the other is doing and reporting to each other or some previously established bureaucratic entity. For example, instead of using the John De La Howe and Wil Lou Gray Schools to establish alternative sentencing programs as I called for in the State of the State Address, this Bill creates yet another advisory committee to meet, study and report about alternative sentencing. Finally, most of the committees required to be established by this legislation are not funded in this Bill, and I continue to oppose unfunded mandates at all levels of government.

The time for study has passed. The time for action is now. Young people need to know that they will be punished for carrying guns to school, not that a committee will meet to study the event. Perhaps more importantly, the General Assembly needs to continue to attack the root cause of juvenile crime -- the breakup of families. So I ask that the 1995

It is for these reasons that I return H. 4414, R-588, without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. SHARPE moved to adjourn debate upon the veto until Tuesday, January 17, which was adopted.

The following was received.

January 4, 1995
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Initial Appointment, Member, State Ethics Commission, with term to commence September 17, 1993, and to expire June 30, 1995:

At-Large:

Ms. Adriene B. Wright, 18 Kenlauren Avenue, Greenville, S.C. 29607

The SPEAKER ordered the appointment confirmation referred to the Judiciary Committee.

The following were received.

Document No. 1712
Promulgated By Department of Education
School Improvement Councils and The Annual School and District Improvement Reports (Repealed in its Entirety) District and School Comprehensive Planning (Replaces)
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date January 30, 1995
Withdrawn and Resubmitted January 10, 1995

Document No. 1713
Promulgated By Department of Education
Parent-Oriented Education Programs (Repealed in its Entirety) Parent/Family Literacy Programs (Replaces)
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date January 30, 1995
Withdrawn and Resubmitted January 10, 1995

On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:

H. 3227 -- Reps. Baxley, Walker, Fleming, Cobb-Hunter, Allison, J. Harris, Shissias, Quinn, Wells, R. Smith, Wright, Sheheen, Wilder, Gamble, Cromer and Harrison: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A

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